The bill proposes to postpone the effective date of Law No. 21,719 until December 2027 and to amend key aspects of the new Agency.
On August 31, 2026, the Executive Branch submitted, via a presidential message, a bill (PDL) that amends Law No. 21,719, which regulates the protection and processing of personal data and establishes the Personal Data Protection Agency.
The initiative aims to prevent an operational breakdown during the launch of this new technical institution and can be summarized in four key points:
1. It is proposed to increase the number of members on the Agency’s Board of Directors from three to five, raising the quorum required to adopt decisions from two to three members. In addition, the proposal seeks to establish that the Board be partially renewed every two years.
2. It is proposed to postpone the effective date of the amendments introduced by Law No. 21,719 until December 1, 2027.
3. Three key adjustments are proposed regarding the operation of the Board of Directors of the Personal Data Protection Agency prior to the law’s effective date:
- It is proposed that the initial appointment of board members take place no later than twelve months before the law takes effect.
- The aim is to simplify the procedure applicable to the initial appointment of the Board of Directors by adding a provision for automatic confirmation in the absence of a Senate decision within the legal deadline.
- It is proposed that board members, upon their appointment, receive the monthly compensation to which they are entitled and be subject to the requirement of full-time dedication and the incompatibilities set forth in the amendments made by Law No. 21,719.
4. It is proposed to eliminate the exclusive privilege of issuing a written warning only to smaller companies during the first year, seeking to establish that this discretionary authority to issue warnings applies to all data controllers, without distinction in the event of violations.
Finally, the bill includes two transitional provisions related to the financing of the increased fiscal expenditure resulting from the law’s implementation and a strict deadline (10 days from the law’s publication) for the initial appointment of board members, if the bill is published after December 1, 2026.
Bill | Message 110-374 | September 1, 2026.
For more information on these topics, please contact:
Rodrigo Albagli | Partner | ralbagli@az.cl
Yoab Bitran | Compliance Group Director | ybitran@az.cl
Juan Pablo González | New Technologies and AI Director | jgonzalez@az.cl
Loreto Osorio | Associate | losorio@az.cl
Sebastián Achondo | Associate | sachondo@az.cl
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